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Terms of Service

Last Updated: April 2019

Jackson Family Wines, Inc. and its affiliated brands and/or companies (collectively, “Jackson Family Wines”, “our”, “us” or “we”) makes this website available for the personal use and enjoyment of visitors who are of legal drinking age. The following terms and conditions of use (“Terms of Use”) govern this website and/or mobile sites and applications (the “Site”), and the websites and/or mobile sites and applications of any of our affiliated brands, when you: use this or any affiliated brands’ website; make a purchase from us; subscribe to any of our mailing lists, newsletters, or wine club programs; sign up for our events; register for our promotions; and when you engage with one of our brand pages on community platforms like Facebook, Pinterest, Twitter, or Instagram (“Brand Pages”). We reserve the right to amend the Terms of Use from time to time by posting a new agreement on this Site. We advise you to read these Terms of Use prior to every use of, or purchase from, the Site. Your use of the Site or purchase of any product or service from us constitutes acceptance of these Terms of Use, our Privacy Policy, and any additional terms that govern certain products, services or offerings as well as other legal notices, terms and policies on this Site (together referred to as “Terms”), all of which are expressly incorporated herein by reference. If you do not accept these Terms and/or any amendments thereto, please do not use the Site.

Restrictions

To use the Site, you must be 21 years of age or older, the legal drinking age in the United States. If you are not of legal drinking age, please exit this Site immediately.

The Site is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Site in accordance with U.S. laws, these Terms of Use and our Privacy Policy. The Site is designed and targeted to U.S. audiences, and is governed by the laws of the U.S. By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; (d) your use of the Site and its features does not violate any applicable law, rule or regulation.

The content of this Site, including without limitation, any designs, logos, text, images, audio and video materials, software, graphics, and all copyrights, trademarks, services marks, trade names, logos and other intellectual property or proprietary rights contained therein is owned by us and/or licensed by us from third parties (the “Proprietary Material”). The Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. Except for the limited license to download and print certain material or information from the Site for non-commercial and private purposes, you have no right to use, copy, reproduce, display or distribute the Proprietary Material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private, non-commercial purposes is prohibited without our express prior written consent. All rights not granted hereunder are expressly reserved by us.

Registration

Registration on the Site provides the ability to store frequently used information and personal identifiable information to streamline check-out.

A valid credit card with your name, billing address, and phone number is required when making a purchase. You may maintain this information, as well as other information such as shipping addresses, on the My Account page of the Site. All personal information provided to us will be collected, protected and used in accordance with our Privacy Policy. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.

Upon registration, you must provide a working email address, and a password. You must ensure that these remain confidential at all times, and agree that you are solely and entirely responsible for all activities which occur under your email address and password, and are solely responsible for the security of your access codes and/or passcodes. You must notify us immediately if you become aware of any unauthorized use of your email address and password. Each email address and password must be used by a single user and is not transferable. We may suspend or terminate access to an account at any time without notice if we suspect unauthorized or improper use of the account.

Purchasing Wines

Wines may be sold and delivered only to a person who is 21 years of age or older. By placing an order, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any wine will be delivered is 21 years old of age or older.

Returns and Exchanges

Please contact customer service at 707-578-3882 with return or exchange inquiries.

Use of Information/Materials

You may print any downloadable information or materials offered on this Site provided that all of the following conditions are met:

you use the materials or information solely for private, non-commercial purposes, and not for direct or indirect commercial purposes;

your use of the materials is for lawful purposes; and

no copyright or other similar notice regarding our property rights, or the property rights of any third parties, is removed from the materials.

You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasive, abusive, threatening or obscene purposes), and you agree that you will comply with all laws, rules and regulations related to your use of the Site.

Appropriate legal action will be taken for any illegal or unauthorized use of the Site. Some examples of unauthorized or illegal use of this Site include, but are not limited to: (i) collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email; (ii) the unauthorized framing by you of the Site; (iii) engaging in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (iv) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you hereunder; (v) attempting to impersonate another User or person; (vi) using the account, Username, or password of another User, as applicable, at any time, or disclosing your password, as applicable, to any third party or permitting any third party to access your account; (vii) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on the Site; (viii) using spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site, or to otherwise manipulate the Site; (ix) reverse engineering, deciphering, decompiling or disassembling the Site; or (x) using the Site in a manner inconsistent with any and all applicable laws and regulations. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Any unauthorized use immediately and automatically terminates your right to use this Site and may subject you to legal liability.

User-Generated Content

The Site may now or in the future include content, photos, artwork, videos, text, graphics, articles and other information that you (i) post to the Site or our Brand Pages, (ii) choose to allow us to use by identifying us in a hashtag, or (iii) choose to allow us to use by tagging us on any social media or other platform (“User Content”). Unless otherwise specified, you may only post User Content to the Site or tag us if you are a resident of the United States and are 21 years of age or older. You represent and warrant that: (i) you own the User Content you tag us in, or posted by you on the Site, or our Brand Pages, or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Site or our Brand Pages does not result in a breach of any contract between you and a third party, or otherwise violate any law or regulation. We may request you to provide releases or proof of permission from any third parties depicted in your User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Site or our Brand Pages.

By using the Site, or tools or applications for communicating, posting or creating content, you agree to post material that is proper, and related to the forum presented by the particular area of the Site.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. The following is a partial list of additional types of User Content that is illegal or prohibited to post on or through the Site or Brand Pages (“Prohibited User Content”). Prohibited User Content includes, but is not limited to, User Content that: (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains offensive subject matter, including “masked” profanities; (v) solicits personal information from anyone or otherwise contains any advertising, “spam” or any other form of solicitation; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses; (vii) promotes information that you know is false or misleading, or promotes illegal activities, violence or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) includes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (x) includes a photograph of another person that you have posted without that person’s consent; or (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Prohibited User Content may be removed by us without notice, and your posting of such content may result in termination of privileges.

We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We reserve the right, in our sole discretion, to reject, refuse to post, edit or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if we determine, in our sole discretion, that you pose a threat to the Site and/or its Users. We assume no responsibility and no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. You are solely responsible for anything you may post on the Site and/or Brand Pages, and the consequences of posting anything on the Site and/or Brand Pages.

We do not claim any ownership rights in the User Content that you post to the Site or our Brand Pages. After posting your User Content, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site or our Brand Pages, however, you automatically grant us an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licensees of the foregoing, without further compensation to you. Once you submit or post your User Content to the Site and/or Brand Pages, you also waive any further right to inspect or approve uses of such User Content. Additionally, we do not accept any unsolicited ideas including, without limitation, suggestions about advertising, promotion or merchandising of our products, and we may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. We shall be free to use any such ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, worldwide in perpetuity in any medium now known or later developed including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

We are committed to complying with copyright and related laws, and we require all Users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Content at issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following minimum information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description and identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

a description of where the material that you claim is infringing is located on the Site in a manner sufficient to permit us to locate the material;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN “AS IS” BASIS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTER, OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR LIABILITY, LOSS, DAMAGE OR EXPENSES ARISING OUT OF OR SUFFERED BY YOU AS A RESULT OF YOUR VISIT TO OR USE OF THIS SITE OR ANY LINKED SITE, ANY MATERIALS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, INABILITY TO USE THE SITE OR ANY ERROR IN THE PROVISION OF THE SITE, ANY COMPUTER VIRUS OR OTHER EXECUTABLE CODE THAT YOU MAY DOWNLOAD FROM THE SITE, AND ANY OTHER DEFECT THAT IS TRANSMITTED THROUGH THE SITE, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY); EVEN IF WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold us, our subsidiaries, business partners, contractors, distribution partners, representatives, directors and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein and/or applicable law).

Links to Other Sites

Links to third party sites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed all of these other websites, and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these third-party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk.

General

The Site is based in the United States in the State of California. We make no representation that the Site or its policies comply with the laws of any other country. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also consent to the transfer and use of your information outside of your country.

These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. Any dispute or controversy arising from use of the Site, our products, or these Terms of Use, must be brought in the courts of the State of California or the United States federal court having jurisdiction over San Francisco, California. By using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts.

Drink Responsibly

Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.

NOTICE TO CALIFORNIA CONSUMERS:

California Transparency in Supply Chains Act

On January 1, 2012, the Transparency in Supply Chains Act came into effect, which requires certain retailers and manufacturers doing business in California to publicly disclose their efforts, if any, to eradicate slavery and human trafficking from their supply chains.

We work to ensure that our employees and all members of our supply chain are treated with dignity and respect. We do not use any forced labor in our operations and we expect the same of our business partners and suppliers. All of our employees are charged with identifying and working with reputable suppliers that are committed to complying with all federal, state, and foreign laws regarding labor practices.

When we source from suppliers, we typically do so from suppliers located in the United States, and we typically do not engage suppliers from countries with an increased risk of human trafficking and slavery. Although we do not conduct audits of suppliers for trafficking and slavery, we monitor and periodically conduct announced site visits to ensure that our suppliers meet our high standards. It is our policy to cease doing business with any supplier who participates in human trafficking or forced labor practices. If we discover a concern with one of our suppliers, we may require appropriate corrective action or terminate the relationship.

We have and are continuing to educate our employees who are involved in the procurement of goods and services about the Transparency in Supply Chains Act, and the steps that should be taken to identify, cure, and guard against any use of forced labor in our supply chains.

Proposition 65

Proposition 65 (Prop 65) is a state ballot initiative intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. For more information about Prop 65 and the list of chemicals requiring disclosure, please visit http://www.oehha.ca.gov/prop65.html. Prop 65 entitles California consumers to warnings for the following products:

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA. For a list of products go to: www.prop65bpa.org.